Browse Arkansas Code titles and sections
19 U.S.C. § 4015 — Administration of dispute settlement pro-
Federal law — U.S. Code and appendices · legal_authorities
Page 1039
TITLE 19—CUSTOMS DUTIES
§ 4031
any period in which a country ceases to be a
CAFTA–DR country, to cease to have effect with re-
spect to such country, see section 107 of Pub. L. 109–53,
set out as a note under section 4001 of this title.
Executive Documents
PROC. NO. 7987. TO IMPLEMENT THE DOMINICAN REPUBLIC-
CENTRAL
AMERICA-UNITED
STATES
FREE
TRADE
AGREEMENT
Proc. No. 7987, Feb. 28, 2006, 71 F.R. 10829, provided in
par. (8) that the United States Trade Representative is
authorized to exercise the President’s authority under
this section to obtain advice from the appropriate advi-
sory committees and the United States International
Trade Commission on the proposed implementation of
an action by presidential proclamation; to submit a re-
port on such proposed action to the appropriate con-
gressional committees; and to consult with those con-
gressional committees regarding the proposed action.
§ 4015. Administration of dispute settlement pro-
ceedings
(a) Establishment or designation of office
The President is authorized to establish or
designate within the Department of Commerce
an office that shall be responsible for providing
administrative assistance to panels established
under chapter 20 of the Agreement. The office
may not be considered to be an agency for pur-
poses of section 552 of title 5.
(b) Authorization of appropriations
There are authorized to be appropriated for
each fiscal year after fiscal year 2005 to the De-
partment of Commerce such sums as may be
necessary for the establishment and operations
of the office established or designated under sub-
section (a) and for the payment of the United
States share of the expenses of panels estab-
lished under chapter 20 of the Agreement.
(Pub. L. 109–53, title I, § 105, Aug. 2,
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Page 1039
TITLE 19—CUSTOMS DUTIES
§ 4031
any period in which a country ceases to be a
CAFTA–DR country, to cease to have effect with re-
spect to such country, see section 107 of Pub. L. 109–53,
set out as a note under section 4001 of this title.
Executive Documents
PROC. NO. 7987. TO IMPLEMENT THE DOMINICAN REPUBLIC-
CENTRAL
AMERICA-UNITED
STATES
FREE
TRADE
AGREEMENT
Proc. No. 7987, Feb. 28, 2006, 71 F.R. 10829, provided in
par. (8) that the United States Trade Representative is
authorized to exercise the President’s authority under
this section to obtain advice from the appropriate advi-
sory committees and the United States International
Trade Commission on the proposed implementation of
an action by presidential proclamation; to submit a re-
port on such proposed action to the appropriate con-
gressional committees; and to consult with those con-
gressional committees regarding the proposed action.
§ 4015. Administration of dispute settlement pro-
ceedings
(a) Establishment or designation of office
The President is authorized to establish or
designate within the Department of Commerce
an office that shall be responsible for providing
administrative assistance to panels established
under chapter 20 of the Agreement. The office
may not be considered to be an agency for pur-
poses of section 552 of title 5.
(b) Authorization of appropriations
There are authorized to be appropriated for
each fiscal year after fiscal year 2005 to the De-
partment of Commerce such sums as may be
necessary for the establishment and operations
of the office established or designated under sub-
section (a) and for the payment of the United
States share of the expenses of panels estab-
lished under chapter 20 of the Agreement.
(Pub. L. 109–53, title I, § 105, Aug. 2, 2005, 119
Stat. 466.)
TERMINATION OF SECTION
For termination of section by section 107(d) of
Pub. L. 109–53, see Effective and Termination
Dates note below.
Statutory Notes and Related Subsidiaries
EFFECTIVE AND TERMINATION DATES
Section effective on the date the Dominican Repub-
lic-Central America-United States Free Trade Agree-
ment enters into force (Mar. 1, 2006) and to cease to
have effect on the date the Agreement ceases to be in
force with respect to the United States, and, during
any period in which a country ceases to be a
CAFTA–DR country, to cease to have effect with re-
spect to such country, see section 107 of Pub. L. 109–53,
set out as a note under section 4001 of this title.
Executive Documents
DELEGATION OF FUNCTIONS
Proc. No. 7987, Feb. 28, 2006, 71 F.R. 10828, provided in
par. (3) that the Secretary of Commerce is authorized
to exercise the President’s authority under subsec. (a)
of this section to establish or designate an office within
the Department of Commerce to carry out the func-
tions set forth in this section.
§ 4016. Arbitration of claims
The United States is authorized to resolve any
claim against the United States covered by arti-
cle 10.16.1(a)(i)(C) or article 10.16.1(b)(i)(C) of the
Agreement, pursuant to the Investor-State Dis-
pute Settlement procedures set forth in section
B of chapter 10 of the Agreement.
(Pub. L. 109–53, title I, § 106, Aug. 2, 2005, 119
Stat. 466.)
TERMINATION OF SECTION
For termination of section by section 107(d) of
Pub. L. 109–53, see Effective and Termination
Dates note below.
Statutory Notes and Related Subsidiaries
EFFECTIVE AND TERMINATION DATES
Section effective on the date the Dominican Repub-
lic-Central America-United States Free Trade Agree-
ment enters into force (Mar. 1, 2006) and to cease to
have effect on the date the Agreement ceases to be in
force with respect to the United States, and, during
any period in which a country ceases to be a
CAFTA–DR country, to cease to have effect with re-
spect to such country, see section 107 of Pub. L. 109–53,
set out as a note under section 4001 of this title.
SUBCHAPTER II—CUSTOMS PROVISIONS
§ 4031. Tariff modifications
(a) Tariff modifications provided for in the
Agreement
(1) Proclamation authority
The President may proclaim—
(A) such modifications or continuation of
any duty,
(B) such continuation of duty-free or ex-
cise treatment, or
(C) such additional duties,
as the President determines to be necessary or
appropriate to carry out or apply articles 3.3,
3.5, 3.6, 3.21, 3.26, 3.27, and 3.28, and Annexes 3.3,
3.27, and 3.28 of the Agreement.
(2) Effect on GSP status
Notwithstanding section 502(a)(1) of the
Trade Act of 1974 (19 U.S.C. 2462(a)(1)), the
President shall terminate the designation of
each CAFTA–DR country as a beneficiary de-
veloping country for purposes of title V of the
Trade Act of 1974 [19 U.S.C. 2461 et seq.] on the
date the Agreement enters into force with re-
spect to that country.
(3) Effect on CBERA status
(A) In general
Notwithstanding section 212(a) of the Car-
ibbean Basin Economic Recovery Act (19
U.S.C. 2702(a)), the President shall terminate
the designation of each CAFTA–DR country
as a beneficiary country for purposes of that
Act [19 U.S.C. 2701 et seq.] on the date the
Agreement enters into force with respect to
that country.
(B) Exception
Notwithstanding subparagraph (A), each
such country shall be considered a bene-
ficiary country under section 212(a) of the
Caribbean Basin Economic Recovery Act [19
U.S.C. 2702(a)], for purposes of—
(i)
sections
1677(7)(G)(ii)(III)
and
1677(7)(H) of this title;
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 93–618, title IV, § 411, Jan. 3, 1975, 88 Stat. 2065, related to East-West Foreign Trade Board.
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Federal law — U.S. Code and appendices · legal_authorities
Page 694
TITLE 19—CUSTOMS DUTIES
§ 2440
antees are extended or such agreement is in ef-
fect.
(c) Exemption from application of section
This section shall not apply to any country
the products of which are eligible for the rates
set forth in rate column numbered 1 of the Tar-
iff Schedules of the United States on January 3,
1975.
(d) Additional exemption from application of sec-
tion
During any period that a waiver is in effect
with respect to any nonmarket economy coun-
try under section 2432(c) of this title, the provi-
sions of subsections (a) and (b) shall not apply
with respect to such country.
(Pub. L. 93–618, title IV, § 409, Jan. 3, 1975, 88
Stat. 2064.)
Editorial Notes
REFERENCES IN TEXT
The Tariff Schedules of the United States, referred to
in subsec. (c), to be treated as a reference to the Har-
monized Tariff Schedule, pursuant to section 3012 of
this title. The Harmonized Tariff Schedule is not set
out in the Code. See Publication of Harmonized Tariff
Schedule note set out under section 1202 of this title.
Executive Documents
DELEGATION OF FUNCTIONS
For delegation of congressional reporting functions
of President under subsec. (b) of this section, see sec-
tion 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073,
set out as a note under section 301 of Title 3, The Presi-
dent.
§ 2440. Repealed. Pub. L. 104–295, § 17, Oct. 11,
1996, 110 Stat. 3524
Section, Pub. L. 93–618, title IV, § 410, Jan. 3, 1975, 88
Stat. 2065, related to establishment and maintenance of
East-West Trade Statistics Monitoring System.
§ 2441. Repealed. Pub. L. 105–362, title XIV,
§ 1401(b)(2), Nov. 10, 1998, 112 Stat. 3294; Pub.
L. 106–36, title I, § 1001(a)(4), June 25, 1999,
113 Stat. 130
Section, Pub. L. 93–618, title IV, § 411, Jan. 3, 1975, 88
Stat. 2
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2461
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Sections 2451 to 2451b were omitted pursuant to section 2451b(c), which provided that this part ceased to be effective 12 years after the date of entry into force of the Protocol of Accession of the People’s Republic of China to the World Trade Organization, which date was Dec. 11, 2001.
Section 2451, Pub. L. 93–618, title IV, § 421, as added Pub. L. 106–286, div. A, title I, § 103(a)(3), Oct. 10, 2000, 114 Stat. 882; amended Pub. L. 108–429, title II, § 2004(d)(3), Dec. 3, 2004, 118 Stat. 2592, related to action to address market disruption.
Section 2451a, Pub. L. 93–618, title IV, § 422, as added Pub. L. 106–286, div. A, title I, § 103(a)(3), Oct. 10, 2000, 114 Stat. 887; amended Pub. L. 108–429, title II, § 2004(d)(4), Dec. 3, 2004, 118 Stat. 2592, related to action in response to trade diversion.
Section 2451b, Pub. L. 93–618, title IV, § 423, as added Pub. L. 106–286, div. A, title I, § 103(a)(3), Oct. 10, 2000, 114 Stat. 890, related to regulations; termination of provision.
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Federal law — U.S. Code and appendices · legal_authorities
Page 695
TITLE 19—CUSTOMS DUTIES
§ 2462
‘‘(i) after December 31, 1995, and
‘‘(ii) before October 1, 1996, and
to which duty-free treatment under title V of the
Trade Act of 1974 [this subchapter] (as amended by
this subtitle) would have applied if the entry had
been made on or after October 1, 1996, shall be liq-
uidated or reliquidated as free of duty, and the Sec-
retary of the Treasury shall refund any duty paid
with respect to such entry.
‘‘(2) LIMITATION
ON
REFUNDS.—No refund shall be
made pursuant to this subsection before October 1,
1996.
‘‘(3) ENTRY.—As used in this subsection, the term
‘entry’ includes a withdrawal from warehouse for
consumption.
‘‘(c) REQUESTS.—Liquidation or reliquidation may be
made under subsection (b) with respect to an entry
only if a request therefor is filed with the Customs
Service, within 180 days after the date of the enactment
of this Act [Aug. 20, 1996], that contains sufficient in-
formation to enable the Customs Service—
‘‘(1) to locate the entry; or
‘‘(2) to reconstruct the entry if it cannot be lo-
cated.’’
§ 2462. Designation of beneficiary developing
countries
(a) Authority to designate countries
(1) Beneficiary developing countries
The President is authorized to designate
countries as beneficiary developing countries
for purposes of this subchapter.
(2)
Least-developed
beneficiary
developing
countries
The President is authorized to designate any
beneficiary developing country as a least-de-
veloped beneficiary developing country for
purposes of this subchapter, based on the con-
siderations in section 2461 of this title and sub-
section (c) of this section.
(b) Countries ineligible for designation
(1) Specific countries
The following countries may not be des-
ignated as beneficiary developi
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2462
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Federal law — U.S. Code and appendices · legal_authorities
The President may proclaim duty-free treatment (or other preferential treatment) for all eligible articles from any beneficiary country in accordance with the provisions of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2701
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Federal law — U.S. Code and appendices · legal_authorities
Page 768
TITLE 19—CUSTOMS DUTIES
§ 2612
1 So in original. Probably should be ‘‘United’’.
(B) if subparagraph (A) does not apply, has
been within the United States for a period of
not less than ten consecutive years and has
been exhibited for not less than five years
during such period in a recognized museum
or religious or secular monument or similar
institution in the Unites 1 States open to the
public; or
(C) if subparagraphs (A) and (B) do not
apply, has been within the United States for
a period of not less than ten consecutive
years and the State Party concerned has re-
ceived or should have received during such
period fair notice (through such adequate
and accessible publication, or other means,
as the Secretary shall by regulation pre-
scribe) of its location within the United
States; and
(D) if none of the preceding subparagraphs
apply, has been within the United States for
a period of not less than twenty consecutive
years and the claimant establishes that it
purchased the material or article for value
without knowledge or reason to believe that
it was imported in violation of law.
(Pub. L. 97–446, title III, § 312, Jan. 12, 1983, 96
Stat. 2362.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on the 90th day after Jan. 12, 1983,
or on any date which the President shall prescribe and
publish in the Federal Register, with exceptions, see
section 315 of Pub. L. 97–446, set out as a note under sec-
tion 2601 of this title.
§ 2612. Regulations
The Secretary shall prescribe such rules and
regulations as are necessary and appropriate to
carry out the provisions of this chapter.
(Pub. L. 97–446, title III, § 313, Jan. 12, 1983, 96
Stat. 2363.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Sectio
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions; termination of designation**
(1) For purposes of this chapter—
(A) The term “beneficiary country” means any country listed in subsection (b) with respect to which there is in effect a proclamation by the President designating such country as a beneficiary country for purposes of this chapter. Before the President designates any country as a beneficiary country for purposes of this chapter, he shall notify the House of Representatives and the Senate of his intention to make such designation, together with the considerations entering into such decision.
(B) The term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.
(C) The term “HTS” means Harmonized Tariff Schedule of the United States.
(D) The term “USMCA” has the meaning given that term in [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4502&num=0&edition=prelim).
(E) The terms “WTO” and “WTO member” have the meanings given those terms in [section 3501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501&num=0&edition=prelim).
(F) The term “former beneficiary country” means a country that ceases to be designated as a beneficiary country under this chapter because the country has become a party to a free trade agreement with the United States.
(2) If the President has designated any country as a beneficiary country for purposes of this chapter, he shall not terminate such designation (either by issuing a proclamation for that purpose or by issuing a proclamation which has the effect of terminating such designation) unless, at least sixty days before such termination, he has notified the House of Representatives and th
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Federal law — U.S. Code and appendices · legal_authorities
Page 770
TITLE 19—CUSTOMS DUTIES
§ 2702
tween the United States, Mexico, and Canada on De-
cember 17, 1992.
‘‘(2) NAFTA COUNTRY.—The term ‘NAFTA country’
means any country with respect to which the NAFTA
is in force.
‘‘(3) WTO AND WTO MEMBER.—The terms ‘WTO’ and
‘WTO member’ have the meanings given those terms
in section 2 of the Uruguay Round Agreements Act
(19 U.S.C. 3501).’’
§ 2702. Beneficiary country
(a) Definitions; termination of designation
(1) For purposes of this chapter—
(A) The term ‘‘beneficiary country’’ means
any country listed in subsection (b) with re-
spect to which there is in effect a proclama-
tion by the President designating such coun-
try as a beneficiary country for purposes of
this chapter. Before the President designates
any country as a beneficiary country for pur-
poses of this chapter, he shall notify the House
of Representatives and the Senate of his inten-
tion to make such designation, together with
the considerations entering into such decision.
(B) The term ‘‘entered’’ means entered, or
withdrawn from warehouse for consumption,
in the customs territory of the United States.
(C) The term ‘‘HTS’’ means Harmonized Tar-
iff Schedule of the United States.
(D) The term ‘‘USMCA’’ has the meaning
given that term in section 4502 of this title.
(E) The terms ‘‘WTO’’ and ‘‘WTO member’’
have the meanings given those terms in sec-
tion 3501 of this title.
(F) The term ‘‘former beneficiary country’’
means a country that ceases to be designated
as a beneficiary country under this chapter be-
cause the country has become a party to a free
trade agreement with the United States.
(2) If the President has designated any country
as a beneficiary country for purposes of this
chapter, he shall not terminate such designation
(eit
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Implementing actions**
(1) **Proclamation authority** — After August 2, 2005—
(A) the President may proclaim such actions, and
(B) other appropriate officers of the United States Government may issue such regulations,
as may be necessary to ensure that any provision of this chapter, or amendment made by this chapter, that takes effect on the date the Agreement enters into force is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date the Agreement enters into force.
(2) **Effective date of certain proclaimed actions** — Any action proclaimed by the President under the authority of this chapter that is not subject to the consultation and layover provisions under [section 4014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4014&num=0&edition=prelim) may not take effect before the 15th day after the date on which the text of the proclamation is published in the Federal Register.
(3) **Waiver of 15-day restriction** — The 15-day restriction contained in paragraph (2) on the taking effect of proclaimed actions is waived to the extent that the application of such restriction would prevent the taking effect on the date the Agreement enters into force of any action proclaimed under this section.
**(b) Initial regulations** Initial regulations necessary or appropriate to carry out the actions required by or authorized under this chapter or proposed in the statement of administrative action submitted under [section 4011(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4011/a/2&num=0&edition=prelim) to implement the Agreement shall, to the maximum extent feasible, be issued within 1 year after the da
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